Kimberly-Clark Australia Pty Ltd v Minister for Home Affairs [2011] FCA 225

FEDERAL COURT OF AUSTRALIA

Kimberly-Clark Australia Pty Ltd v Minister for Home Affairs [2011] FCA 225 Citation: Kimberly-Clark Australia Pty Ltd v Minister for Home Affairs [2011] FCA 225

Parties: KIMBERLY-CLARK AUSTRALIA PTY LTD and SCA HYGIENE AUSTRALIA PTY LTD v MINISTER FOR HOME AFFAIRS, CHIEF EXECUTIVE OFFICER OF CUSTOMS, COMMONWEALTH ATTORNEY-GENERAL, PT PINDO DELI PULP MILLS and GOLD HONG YE PAPER (SUZHOU INDUSTRIAL PARK) CO LTD

File number: NSD 342 of 2010

Judge: EDMONDS J

Date of judgment: 24 March 2011

Catchwords: CUSTOMS & EXCISE – judicial review of revocation of dumping duty notice and anterior decisions following applications to Trade Measures Review Officer ('TMRO') for review of dumping duty decision and TMRO report to Minister on review applications – whether TMRO authorised to recommend that 'all of the findings made by Customs be reinvestigated' having regard to limitation in s 269ZZK(1)(b) of Customs Act 1901 (Cth) ('the Act') – meaning of 'findings specified' having regard to definition of the word 'finding' in s 269ZX – whether specification of conclusion encompasses findings of fact and reasoning based thereon leading to conclusion – whether Customs' conclusion on review that injury caused by dumping was not material was infected with error because it reasoned that injury was caused more by other factors than dumping. Held: TMRO recommendation and all consequential decisions up to and including revocation decision authorised by the Act; Customs reasoning on conclusion of no material injury caused by dumping not infected with alleged error of reasoning.